Justice Abdul Rahman Sebli overturned Jenain’s conviction in a High Court today, saying that evidence did not support any suggestion that the policeman’s intended to kill Aminulrasyid despite firing over 20 shots from a submachine gun at the teen.

“No prima facie case had in fact been established against the appellant and his defence should not have been called,” he said in his ruling.

The judge also said the loss of life was unfortunate but that the police must not be blamed for the death.

Aminulrasyid, then 15, was killed in the early hours of April 26 in 2010, after taking a midnight joyride in a car and was allegedly mistaken for a felon on the run by the police.

He had been driving a white Proton Iswara with his best friend and neighbour, 15-year-old Muhammad Azamuddin Omar in the front passenger seat. Their car had crashed into the curb at Jalan Tarian 11/2, Section 11 following a police pursuit.

A public outcry followed as the police sought to defend themselves over the incident as well as dubitable reports of the discovery of a machete in the car driven by Aminulrasyid.

But in September last year, Jenain was found guilty of culpable homicide not amounting to murder and sentenced to five years’ jail after Sessions Court judge Latifah Mohd Tahar ruled that the use of lethal force to stop Aminulrasyid’s car was excessive and uncalled for.

“The court finds that the situation on Jalan Tarian wasn’t dangerous to anyone, including the accused, and that it was not necessary for the accused to discharge his weapon, let alone fire 21 shots... from his submachine gun,” Latifah said in her judgment.

The judge said she had tried to balance public interest and the fact that Jenain had been discharging his duty as a policeman the night of the incident, before sentencing the corporal to the jail term.

Under Section 304(a) of the Penal Code, the charge for culpable homicide not amounting to murder carries a maximum penalty of up to 30 years’ imprisonment and a fine.

Jenain had admitted to firing 21 bullets from his HK MP5 submachine gun at Aminulrasyid’s Proton Iswara in an effort to stop the car — which had earlier run a roadblock — but denied trying to kill the teenager.